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Issues: Whether an endorsed bill of entry could be treated as an eligible document for availing CENVAT credit, and whether credit could be denied for a procedural irregularity when the inputs were received duty-paid and used in manufacture of dutiable final products.
Analysis: Rule 9 of the CENVAT Credit Rules, 2004 specifies the documents on the basis of which credit may be taken, and the proviso to sub-rule (2) indicates that credit should not be denied where the relevant particulars are contained in the document. The inputs were admittedly received by the applicant, duty had been paid, the goods were used in manufacture, and duty was paid on the final product. On these facts, denial of substantive credit merely because the bill of entry was endorsed was treated as an unwarranted hyper-technical objection. The reasoning was also supported by prior Tribunal and High Court authority allowing credit on endorsed bills of entry accompanied by declaration.
Conclusion: The endorsed bill of entry was held to be sufficient for a prima facie claim to CENVAT credit, and the applicant was held entitled to unconditional stay of recovery.
Ratio Decidendi: Where the prescribed particulars are available and the inputs are shown to have been duty-paid, received, and used in manufacture, CENVAT credit cannot be denied merely on a hyper-technical objection to the form of the document.
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